WEBSITE TERMS AND CONDITIONS OF USE

WEBSITE TERMS AND CONDITIONS OF USE

Welcome to the home of Paul Cluver Wines web site currently located at http://www.cluver.com; http://www.cluver.co.za; http://www.paulcluver.com; and http://www.paulcluver.co.za (hereinafter referred to as the “site”)

Please read these Terms and Conditions of Use carefully. Use of this site constitutes the following:-

You the user acknowledge and understand that by accessing and/or using this site, you agree to the Terms and Conditions of Use of this web site, that will apply in whole and in part, in terms of Chapter 3, Section 11 of the Electronic Communications and Transactions Act 25 of 2002.

Your use of this site will be subject to the most current version of these terms and Conditions of Use posted on the site at the time of such use.

These Terms and Conditions of Use are not without legal force against you the user, in accordance with Chapter 3, Section 11 of the Electronic Communications and Transactions Act 25 of 2002.

If you do not accept these terms and conditions of use, you must not use this site and exit this site immediately.

Should you have any questions regarding this web site's Terms and Conditions of Use, please contact: The webmaster at This email address is being protected from spambots. You need JavaScript enabled to view it. .

"Force Majeure" – shall include without limitation acts of God (including flood, fire, earthquake or other similar events), riots, war, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunications systems, failure of the work wide web, any outages of the internet or connection or communications thereto, governmental restraints and act(s) of legislature or any cause outside the reasonable control of the Paul Cluver Wines.

1.3.

“Information” – means any information or content made available in whatever form on this site including but not limited to images, data, text and graphics.

1.4.

“User”, “you” and “your” means any natural, juristic or legal person who uses the Paul Cluver Wines web site and each entity on whose behalf you act.

2.1. The user hereby acknowledges, accepts, understands and agrees that as a user of this web site, you the user:-

2.1.1.

shall use the web site in accordance with these terms and conditions all applicable laws, regulations and codes of conduct (including self regulatory) applicable to the use of the Internet and you agree to be solely responsible for all things arising from your use of this web site;

2.1.2.

agree to use this site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use of or enjoyment of this site by any third party;

2.1.3.

shall abide by all applicable local, provincial, national and international laws and regulations and are solely responsible for all acts and/or omissions that occur under your use of this web site;

2.1.4.

Utilize this web site in accordance with these terms and conditions, as amended and posted on the web site http://www.cluver.com; http://www.cluver.co.za; http://www.paulcluver.com; and http://www.paulcluver.co.za by Paul Cluver Wines from time to time; and

2.1.5.

By utilizing any service on this site you the user, agree that you have reviewed the site in its entirety and that you have accepted the terms and conditions applicable to the site, including all legal and regulatory terms, and are conversant with and understand both the terms of this site and the applicable local legislation and regulations.

2.2. The user further undertakes that as the user of this site:-

2.2.1.

The User shall not use this site for any unlawful, illegal or inappropriate purposes, including without limitation, spoofing, sniffing, imposturing, fraud, forgery, electronic trespass, hacking and system contamination including without limitation, use of viruses, worms and Trojan Horses causing unauthorized damage or harmful access and/or retrieval of information;

2.2.2.

Reproduce or re-transmit any part of the information supplied on the web site http://www.cluver.com; http://www.cluver.co.za; http://www.paulcluver.com; and http://www.paulcluver.co.za any form without or prior written consent (except to the extent expressly provided for in these terms and conditions of use);

2.2.3.

Disrupt, damage, interfere with any part or in whole access to the web site http://www.cluver.com; http://www.cluver.co.za; http://www.paulcluver.com; and http://www.paulcluver.co.za and/or the site or do anything, which may interrupt or impair their functionality;

2.2.4.

Derive or engage in receiving any commercial use or benefit from any part of this web site and or information and/or services;

2.2.5.

Use the web site in such a manner that would bring Paul Cluver Wines and/or its subsidiaries and business into disrepute;

2.2.6.

Distribute, make available or upload by any material or files that contain any viruses, bugs, corrupt files and/or data, “Trojan horses”, “worms” or any other harmful software in connection with your use of this web site;

2.2.7.

Use any trade marks, service marks, and/or other trade marks used by Paul Cluver Wines from time to time for any purpose including to imply endorsement by Paul Cluver Wines of your web site and/or goods and/or services or otherwise without Paul Cluver Wines prior written consent;

2.2.8.

Modify, reproduce, republish, download, post, distribute or otherwise transmit or use the Intellectual Property Rights provided by Paul Cluver Wines Ltd to you the user, in any way without the prior written consent of Paul Cluver Wines;

2.2.9.

Copy, reproduce, republish, download, post, distribute, broadcast or otherwise transmit material from this site in any way except for your own personal non-commercial use;

2.2.10.

“Frame” or “mirror” any part of this site without the prior written consent;

2.2.11.

Link to any page of and/or material on this site other than the URL located at: http://www.cluver.com; http://www.cluver.co.za; http://www.paulcluver.com; and http://www.paulcluver.co.za without the prior written consent;

2.2.12.

Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this site and/or its content; and

2.2.13.

Cach any content of this web site without the prior written consent.

3. DATA PROTECTION AND PRIVACY

3.1.

These terms and conditions should be read in connection with our Privacy Policy, which sets out how we collect and use your personal information.

3.2.

Paul Cluver Wines is committed to protecting your privacy.

3.3.

Paul Cluver Wines will collect and use information supplied by you the user and other users of this web site to improve this web site and personalize your use and visit of this site.

3.4.

Paul Cluver Wines may also use such information to inform you, the user, about changes in Paul Cluver Wines and/or about features Paul Cluver Wines think you would find of interest.

4. CONTENT

4.1.

The copyright in the material and information contained on this web site, together with the web site design, text, graphics, the web site’s owners selection and arrangement, and all software compilations, underlying source code and software belongs to Paul Cluver Wines.

4.2.

Any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation and/or exploitation of this material will constitute an infringement of that copyright.

4.3.

No material and/or information available on the Paul Cluver Wines web site may be reproduced or redistributed without Paul Cluver Wines prior written permission.

4.4.

However, you the user may utilize the material and information solely for personal, informational, and/or non-commercial purposes only. This limited licence does not permit you the user, to incorporate any material from this web site in any other work, publications or web site either of your own or belonging to any third party.

4.5.

In all instances, the user should obtain prior written permission from the Paul Cluver Wines before doing any of the restricted acts under the South African Copyright Act No 98 of 1978.

4.6.

Any copy of this document and/or part thereof must include this copyright notice in its entirety.

4.7.

The user may not remove the copyright notice from any copies of content made under these terms.

4.8.

The user may not create a database in electronic or structured manual form by systematically downloading and storing all or any of the content.

4.9.

The user acknowledges and accepts that all intellectual property rights, including any trade marks or copyright in the content of this site, are owned by Paul Cluver Wines.

4.10.

The user acknowledges that nothing contained herein shall be construed as granting any licence or right to use any of the intellectual property of Paul Cluver Wines except as otherwise provided on this site.

4.11.

Nothing contained on this web site should be construed as granting any licence or right to use any trademark without the written permission of Paul Cluver Wines.

4.12.

Other services and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners.

4.13.

Paul Cluver Wines web site, may contain links ("Linked sites") to third party web sites, however, Paul Cluver Wines do not control, sponsor, endorse or otherwise approve of any information or statements appearing in the Linked Sites (nor on other sites referred to in or linked to the Linked Sites). We are not responsible for web casting to any form of transmission received from any Linked Site nor are we responsible if the Linked Site is not working properly.

5. WARRANTY AND DISCLAIMER

5.1. Paul Cluver Wines makes no warranty that:-

5.1.1.

any representations either express or implied, as to the accuracy, suitability, availability, timeliness, secure, completeness, error-free, or reliability of information contained on these pages and shall not be bound in any manner whatsoever by the information contained on this web site;

5.1.2.

the information and/or materials will meet your requirements;

5.1.3.

the results that may be obtained from the use of the information and/or materials will be effective, accurate or reliable;

5.1.4.

this web site will be fault free and does not accept liability for any errors and/or omissions;

5.1.5.

this site is free of viruses or bugs and/or anything else, which may have a harmful effect on any technology and/or that the site is compatible with all computer systems and browsers; and

5.1.6.

any of the information and/or services linked to or advertised on this site comply with data protection or other relevant legislation and Paul Cluver Wines accepts no liability whatsoever for any claims arising from such goods and services.

5.2.

Except as expressly provided otherwise in a written agreement signed by authorized representatives of the user and Paul Cluver Wines , all materials and information on this web site are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied.

5.3.

Paul Cluver Wines assume no responsibility for errors or omissions in the materials and/or information. Materials, and/or information of third parties that are referenced by or linked to this site, including those of Paul Cluver Wines references to other companies.

5.4.

In no event shall Paul Cluver Wines be liable to you the user or any third party for any special, punitive, incidental, direct or indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Paul Cluver Wines has been advised of the possibility of such damages, or on any theory of liability, arising out of or in connection with the use of this web site or of any web site referenced or linked to from this web site, including those of Paul Cluver Wines.

5.5.

Any material and/or information downloaded or otherwise obtained through the use of this web site is done at the user's sole discretion and risk and the user is solely responsible for any damage to its computer system or loss of data that results from the download of any such material.

6. EXCLUSION OF LIABILITY

6.1.

Paul Cluver Wines all reasonable endeavors to ensure that the information on this web site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. Paul Cluver Wines do not monitor, verify or endorse information submitted by third parties for posting on this web site and you should be aware that’s such information may be inaccurate, incomplete and/or out of date.

6.2.

Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to this web site, any liability Paul Cluver Wines may have for any losses or claims arising from an inability to access this web site, or from any use of this web site or reliance of the data transmitted using this web site, is excluded to the fullest extent permissible by law.

6.3.

In no event shall Paul Cluver Wines be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated saving and/or other direct or indirect or consequential loss of any kind in contract, tort (including negligence) or otherwise arising out of use of this web site, save where such liability cannot be excluded by law.

6.4.

Paul Cluver Wines accepts no liability for any service or product advertised, supplied or otherwise promoted on this site by any third party.

7. TERMINATION

7.1.

Paul Cluver Wines reserves the right, in our sole discretion, to suspend and/or terminated your access and/or use of any or all of the services and/or site at any time without notice.

7.2.

The limitations, disclaimers of warranties, indemnity obligations, exclusions and the provisions of governing law jurisdiction in this agreement, shall survive the termination of the agreement.

8. GOVERNING LAW AND JURISDICTION

8.1.

This agreement and web site shall be governed by and interpreted in accord with the laws of South Africa.

8.2.

By accessing this site, you the user consent to the exclusive jurisdiction and to the service of process, pleadings, and notices in connection with any and all actions and processes in any court of the laws of South Africa empowered to enforce this agreement and the user waives any objections thereto on the basis of personal jurisdiction or venue.

8.3.

In respect of matters surrounding the information and/or material and/or these Terms and Conditions of Use must first be referred to Arbitration in terms of the rules of the Arbitration Foundation of South Africa and such arbitration proceeding shall be conducted in Cape Town in English.

9. ALTERATIONS TO WEBSITE TERMS AND CONDITIONS

9.1.

Paul Cluver Wines reserves the right, at its sole discretion, to make changes to any parts of the site inclusive of changes to these Terms and Conditions of Use including those relating to your use of the content (information).

9.2.

Paul Cluver Wines is under no obligation to notify the user of any changes in the Terms and Conditions of Use. Such obligation is the sole responsibility of the user and as such the user undertakes to familiarize him/her self with Paul Cluver Wines Terms and Conditions of use form time to time.

9.3.

If you the user continue of use this site after the amended Paul Cluver Wines Terms and Conditions of use has been posted on the web site, in accordance with the Electronic Communications and Transactions Act 25 of 2002, it will constitute an electronic acceptance of such amended Terms and Conditions of Use.

10. GENERAL

10.1.

This Terms and Conditions of Use constitutes the entire agreement between you the user and Paul Cluver Wines with respect to this site and supercede any previous agreements, negotiations, representations, arrangements, undertaking or proposals whether written or oral concerning the subject matter of this web site’s Terms and Conditions of Use between the user and Paul Cluver Wines.

10.2.

Paul Cluver Wines failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.

10.3.

Paul Cluver Wines shall have the right to assign their obligations and duties herein to any person and/or entity.

10.4.

Paul Cluver Wines shall not be in breach of the terms and conditions of use posted on the website http://www.cluver.com; http://www.cluver.co.za; http://www.paulcluver.com; and http://www.paulcluver.co.za,for failure to perform or delay in performing any or all of its obligations as a result of an event of force majeure.

10.5.

Paul Cluver Wines reserves the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.

10.6.

Chapter 3, Sections 21 to 25 of the Electronic Communications and Transactions Act, 2002 shall apply save that the Section 26 shall not apply and acknowledgement of receipt of a data message shall be necessary to give legal effect to that message and shall not take the form of an automated response.